Connecticut 2025 Regular Session

Connecticut Senate Bill SB01476 Compare Versions

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5- General Assembly Substitute Bill No. 1476
5+General Assembly Raised Bill No. 1476
66 January Session, 2025
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10+Referred to Committee on HUMAN SERVICES
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13+Introduced by:
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1019 AN ACT CONCERNING THE ABLE ACT.
1120 Be it enacted by the Senate and House of Representatives in General
1221 Assembly convened:
1322
1423 Section 1. Section 3-39j of the general statutes is repealed and the 1
1524 following is substituted in lieu thereof (Effective from passage): 2
1625 As used in this section and sections 3-39k to 3-39r, inclusive, as 3
1726 amended by this act: 4
1827 (1) "Achieving a better life experience account" or "ABLE account" 5
19-means an account established and maintained pursuant to sections 3-6
20-39k to [3-39q] 3-39r, inclusive, as amended by this act, for the purposes 7
21-of paying the qualified disability expenses [related to the blindness or 8
22-disability] of a designated beneficiary. 9
23-(2) "Authorized individual" means an individual or entity who (A) 10
24-meets the requirements of 26 CFR 1.529A-2 to establish an ABLE account 11
25-on behalf of an eligible individual, and (B) is authorized by the state's 12
26-qualified ABLE program to establish or act on behalf of the designated 13
27-beneficiary with respect to an ABLE account. 14
28-[(2)] (3) "Deposit" means a deposit, payment, contribution, gift or 15
29-other transfer of funds. 16
30-[(3) "Depositor" means any person making a deposit into an ABLE 17
31-account pursuant to a participation agreement.] 18 Substitute Bill No. 1476
28+means an account established and maintained pursuant to [sections 3-6
29+39k to 3-39q, inclusive] section 3-39k, as amended by this act, for the 7
30+purposes of paying the qualified disability expenses [related to the 8
31+blindness or disability] of a designated beneficiary. 9
32+(2) "Authorized individual" has the same meaning as provided in 10
33+Section 529A. 11
34+[(2)] (3) "Deposit" means a deposit, payment, contribution, gift or 12
35+other transfer of funds. 13
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36-(4) "Designated beneficiary" [means any eligible individual who is the 19
37-owner of an ABLE account established under a qualified ABLE 20
38-program] has the same meaning as provided in Section 529A. 21
39-[(5) "Disability certification" means, with respect to an individual, a 22
40-certification to the satisfaction of the Secretary of the Treasury of the 23
41-United States by the individual or the parent or guardian of the 24
42-individual or an individual establishing an ABLE account pursuant to 25
43-subsection (g) of section 3-39k that (A) certifies that (i) the individual has 26
44-a medically determinable physical or mental impairment, that results in 27
45-marked and severe functional limitations, and that can be expected to 28
46-result in death or that has lasted or can be expected to last for a 29
47-continuous period of not less than twelve months, or is blind within the 30
48-meaning of Section 1614(a)(2) of the Social Security Act, and (ii) such 31
49-impairment or blindness occurred before the date on which the 32
50-individual attained the age of twenty-six, and (B) includes a copy of the 33
51-individual's diagnosis relating to the individual's relevant impairment 34
52-or blindness that is signed by a physician who is licensed pursuant to 35
53-chapter 370 or, to the extent permitted by federal law, (i) an advanced 36
54-practice registered nurse who is licensed pursuant to chapter 378, (ii) a 37
55-physician assistant who is licensed pursuant to chapter 370, or (iii) if the 38
56-individual's impairment is blindness, an optometrist licensed pursuant 39
57-to chapter 380.] 40
58-[(6)] (5) "Eligible individual" [means an individual who is entitled to 41
59-benefits during a taxable year based on blindness or disability under 42
60-Title II or XVI of the Social Security Act, and such blindness or disability 43
61-occurred before the date on which the individual attained the age of 44
62-twenty-six, provided a disability certification or self-certification with 45
63-respect to such individual is filed with the State Treasurer for such 46
64-taxable year] has the same meaning as provided in Section 529A. 47
65-[(7) "Federal ABLE Act" means the federal ABLE Act of 2014, P.L. 113-48
66-295, as amended from time to time.] 49
67-[(8)] (6) "Participation agreement" means an agreement between the 50 Substitute Bill No. 1476
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42+[(3) "Depositor" means any person making a deposit into an ABLE 14
43+account pursuant to a participation agreement.] 15
44+(4) "Authorized individual" means a person or entity who (A) meets 16
45+the requirements of 26 CFR 1.529A-2 to establish an ABLE account on 17
46+behalf of an eligible individual, and (B) is authorized by the state's 18
47+qualified ABLE program to establish or act on behalf of the designated 19
48+beneficiary with respect to an ABLE account. 20
49+[(4)] (5) "Designated beneficiary" [means any eligible individual who 21
50+is the owner of an ABLE account established under a qualified ABLE 22
51+program] has the same meaning as provided in Section 529A. 23
52+[(5) "Disability certification" means, with respect to an individual, a 24
53+certification to the satisfaction of the Secretary of the Treasury of the 25
54+United States by the individual or the parent or guardian of the 26
55+individual or an individual establishing an ABLE account pursuant to 27
56+subsection (g) of section 3-39k that (A) certifies that (i) the individual has 28
57+a medically determinable physical or mental impairment, that results in 29
58+marked and severe functional limitations, and that can be expected to 30
59+result in death or that has lasted or can be expected to last for a 31
60+continuous period of not less than twelve months, or is blind within the 32
61+meaning of Section 1614(a)(2) of the Social Security Act, and (ii) such 33
62+impairment or blindness occurred before the date on which the 34
63+individual attained the age of twenty-six, and (B) includes a copy of the 35
64+individual's diagnosis relating to the individual's relevant impairment 36
65+or blindness that is signed by a physician who is licensed pursuant to 37
66+chapter 370 or, to the extent permitted by federal law, (i) an advanced 38
67+practice registered nurse who is licensed pursuant to chapter 378, (ii) a 39
68+physician assistant who is licensed pursuant to chapter 370, or (iii) if the 40
69+individual's impairment is blindness, an optometrist licensed pursuant 41
70+to chapter 380.] 42
71+(6) "Eligible individual" [means an individual who is entitled to 43
72+benefits during a taxable year based on blindness or disability under 44
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72-trust established pursuant to section 3-39k, as amended by this act, and 51
73-[depositors] a designated beneficiary or authorized individual that 52
74-provides for participation in an ABLE account for the benefit of a 53
75-designated beneficiary. 54
76-(7) "Qualified ABLE program" means any program established and 55
77-maintained pursuant to Section 529A. 56
78-[(9)] (8) "Qualified disability expenses" [means any expenses related 57
79-to an eligible individual's blindness or disability that are made for the 58
80-benefit of an eligible individual who is the designated beneficiary, 59
81-including the following expenses: Education, housing, transportation, 60
82-employment training and support, assistive technology and personal 61
83-support services, health, prevention and wellness, financial 62
84-management and administrative services, legal fees, expenses for 63
85-oversight and monitoring, funeral and burial expenses, and other 64
86-expenses that are approved by the Secretary of the Treasury of the 65
87-United States under regulations adopted by the Secretary pursuant to 66
88-the federal ABLE Act] has the same meaning as provided in Section 67
89-529A. 68
90-[(10) "Self-certification" means a certification, under penalty of 69
91-perjury, to the satisfaction of the Secretary of the Treasury of the United 70
92-States by an individual establishing an ABLE account that (A) certifies 71
93-that (i) the individual has a medically determinable physical or mental 72
94-impairment that results in marked and severe functional limitations and 73
95-that can be expected to result in death or that has lasted or can be 74
96-expected to last for a continuous period of not less than twelve months, 75
97-or is blind within the meaning of Section 1614(a)(2) of the Social Security 76
98-Act, (ii) such impairment or blindness occurred before the date on which 77
99-the individual attained the age of twenty-six, and (iii) the person 78
100-establishing the account is the individual who will be the designated 79
101-beneficiary of the account or is a person authorized to establish such 80
102-account under the provisions of subsection (g) of section 3-39k, and (B) 81
103-includes the applicable diagnostic code from those listed on Internal 82
104-Revenue Service Form 5498 -QA identifying the individual's 83 Substitute Bill No. 1476
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79+Title II or XVI of the Social Security Act, and such blindness or disability 45
80+occurred before the date on which the individual attained the age of 46
81+twenty-six, provided a disability certification or self-certification with 47
82+respect to such individual is filed with the State Treasurer for such 48
83+taxable year] has the same meaning as provided in Section 529A. 49
84+[(7) "Federal ABLE Act" means the federal ABLE Act of 2014, P.L. 113-50
85+295, as amended from time to time.] 51
86+[(8)] (7) "Participation agreement" means an agreement between the 52
87+trust established pursuant to section 3-39k, as amended by this act, and 53
88+[depositors] a designated beneficiary or authorized individual that 54
89+provides for participation in an ABLE account for the benefit of a 55
90+designated beneficiary. 56
91+(8) "Qualified ABLE program" means any program established and 57
92+maintained pursuant to Section 529A. 58
93+(9) "Qualified disability expenses" [means any expenses related to an 59
94+eligible individual's blindness or disability that are made for the benefit 60
95+of an eligible individual who is the designated beneficiary, including the 61
96+following expenses: Education, housing, transportation, employment 62
97+training and support, assistive technology and personal support 63
98+services, health, prevention and wellness, financial management and 64
99+administrative services, legal fees, expenses for oversight and 65
100+monitoring, funeral and burial expenses, and other expenses that are 66
101+approved by the Secretary of the Treasury of the United States under 67
102+regulations adopted by the Secretary pursuant to the federal ABLE Act] 68
103+has the same meaning as provided in Section 529A. 69
104+[(10) "Self-certification" means a certification, under penalty of 70
105+perjury, to the satisfaction of the Secretary of the Treasury of the United 71
106+States by an individual establishing an ABLE account that (A) certifies 72
107+that (i) the individual has a medically determinable physical or mental 73
108+impairment that results in marked and severe functional limitations and 74
109+that can be expected to result in death or that has lasted or can be 75
110+Raised Bill No. 1476
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109-impairment.] 84
110-(9) "Section 529A" means Section 529A of the Internal Revenue Code 85
111-of 1986, or any subsequent corresponding internal revenue code of the 86
112-United States, as amended from time to time, and the regulations 87
113-adopted thereunder by the United States Department of the Treasury 88
114-and the Internal Revenue Service, as amended from time to time. 89
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116+expected to last for a continuous period of not less than twelve months, 76
117+or is blind within the meaning of Section 1614(a)(2) of the Social Security 77
118+Act, (ii) such impairment or blindness occurred before the date on which 78
119+the individual attained the age of twenty-six, and (iii) the person 79
120+establishing the account is the individual who will be the designated 80
121+beneficiary of the account or is a person authorized to establish such 81
122+account under the provisions of subsection (g) of section 3-39k, and (B) 82
123+includes the applicable diagnostic code from those listed on Internal 83
124+Revenue Service Form 5498 -QA identifying the individual's 84
125+impairment.] 85
126+(10) "Section 529A" means Section 529A of the Internal Revenue Code 86
127+of 1986, and any accompanying regulations issued by the U.S. 87
128+Department of the Treasury and the Internal Revenue Service, both as 88
129+amended from time to time. 89
115130 Sec. 2. Section 3-39k of the general statutes is repealed and the 90
116131 following is substituted in lieu thereof (Effective from passage): 91
117132 (a) The State Treasurer (1) shall establish a qualified ABLE program 92
118133 pursuant to [the federal ABLE Act] Section 529A and sections 3-39j to 93
119134 [3-39q] 3-39r, inclusive, as amended by this act, and (2) may contract 94
120135 with any state with a qualified ABLE program [established pursuant to 95
121136 the federal ABLE Act] to provide residents of this state with access to 96
122137 such state's program. 97
123138 (b) (1) Under the program established pursuant to subdivision (1) of 98
124139 subsection (a) of this section: (A) The State Treasurer shall administer 99
125140 individual ABLE accounts to encourage and assist eligible individuals 100
126141 and their families in saving [private] funds to provide support for 101
127142 eligible individuals, (B) a person may make contributions to an 102
128143 individual ABLE account to meet the qualified disability expenses of the 103
129144 designated beneficiary of the account, and (C) the State Treasurer shall 104
130145 designate a director of outreach for the ABLE program from among the 105
131146 existing employees of the office of the State Treasurer, who shall 106
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132153 coordinate outreach and marketing efforts concerning ABLE accounts. 107
133154 (2) For the purposes of such program, there is established within the 108
134155 Office of the State Treasurer the Connecticut Achieving A Better Life 109
135156 Experience Trust. The trust shall constitute an instrumentality of the 110
136157 state and shall perform essential governmental functions, as provided 111
137158 in sections 3-39j to [3-39q] 3-39r, inclusive, as amended by this act. The 112
138159 trust shall receive and hold all payments and deposits intended for 113
139-ABLE accounts as well as gifts, bequests, endowments or federal, state 114 Substitute Bill No. 1476
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160+ABLE accounts as well as gifts, bequests, endowments or federal, state 114
144161 or local grants and any other funds from public or private sources and 115
145162 all earnings, until disbursed in accordance with sections 3-39j to [3-39q] 116
146163 3-39r, inclusive, as amended by this act. 117
147164 (c) (1) The amounts on deposit in the trust shall not constitute 118
148165 property of the state and the trust shall not be construed to be a 119
149166 department, institution or agency of the state. Amounts on deposit in 120
150167 the trust shall not be commingled with state funds and the state shall 121
151168 have no claim to or against, or interest in, such amounts, except as 122
152169 provided in subdivision (2) of this subsection. Any contract entered into 123
153170 by, or any obligation of, the trust shall not constitute a debt or obligation 124
154171 of the state and the state shall have no obligation to any designated 125
155172 beneficiary or any other person on account of the trust and all amounts 126
156173 obligated to be paid from the trust shall be limited to amounts available 127
157174 for such obligation on deposit in the trust. The amounts on deposit in 128
158175 the trust may only be disbursed in accordance with the provisions of 129
159176 sections 3-39j to [3-39q] 3-39r, inclusive, as amended by this act. 130
160177 (2) The trust shall continue in existence as long as it holds any 131
161178 deposits or other funds or has any obligations and until its existence is 132
162179 terminated by law, and upon termination of the trust, any unclaimed 133
163180 assets of the trust shall [return to the state. Property of the trust shall] be 134
164181 governed by section 3-61a. 135
165182 (d) The State Treasurer shall be responsible for the receipt, 136
166183 maintenance, administration, investment and disbursements of 137
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167190 amounts from the trust. The trust shall not receive deposits in any form 138
168191 other than cash. No [depositor] authorized individual or designated 139
169192 beneficiary may direct the investment of any contributions or amounts 140
170193 held in the trust other than in the specific fund options provided for by 141
171194 the trust and shall not direct investments in such specific fund options 142
172195 more than two times in any calendar year. No interest, or portion of any 143
173196 interest, in the program shall be used as security for a loan. 144
174197 (e) A person may make deposits to an ABLE account to meet the 145
175-qualified disability expenses of the designated beneficiary of the 146 Substitute Bill No. 1476
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198+qualified disability expenses of the designated beneficiary of the 146
180199 account, provided the trust and deposits meet the other requirements of 147
181200 this section [, the federal ABLE Act and any regulations adopted 148
182201 pursuant to the federal ABLE Act by the Secretary of the Treasury of the 149
183202 United States] and Section 529A. 150
184203 (f) On or before December 31, 2017, and annually thereafter, the State 151
185204 Treasurer shall submit (1) in accordance with the provisions of 152
186205 subsection (a) of section 3-37, a report to the Governor on the operations 153
187206 of the trust, including the receipts, disbursements, assets, investments 154
188207 and liabilities and administrative costs of the trust for the prior fiscal 155
189208 year, and (2) in accordance with the provisions of section 11-4a, a report 156
190209 on the trust and any contract entered into pursuant to subdivision (2) of 157
191210 subsection (a) of this section to the joint standing committees of the 158
192211 General Assembly having cognizance of matters relating to finance and 159
193212 public health, and shall make such report available to each [depositor] 160
194213 authorized individual and designated beneficiary. The report required 161
195214 under subdivision (2) of this subsection shall include, but need not be 162
196215 limited to: (A) The number of ABLE accounts; (B) the total amount of 163
197216 contributions to such accounts; (C) the total amount and nature of 164
198217 distributions from such accounts; and (D) a description of issues relating 165
199218 to the abuse of such accounts, if any. 166
200219 (g) An ABLE account may be established (1) by the eligible 167
201220 individual, (2) by a person selected by the eligible individual, or (3) if 168
202221 the eligible individual is unable to establish an ABLE account, [on behalf 169
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203228 of such individual by, in the following order: Such individual's agent 170
204229 under a power of attorney, a conservator or legal guardian, spouse, 171
205230 parent, sibling, grandparent, or a representative payee appointed for the 172
206231 eligible individual by the Social Security Administration] by an 173
207232 authorized individual. 174
208233 Sec. 3. Section 3-39l of the general statutes is repealed and the 175
209234 following is substituted in lieu thereof (Effective from passage): 176
210235 The State Treasurer, on behalf of the trust and for purposes of the 177
211-trust, may: 178 Substitute Bill No. 1476
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236+trust, may: 178
216237 (1) Receive and invest moneys in the trust in any instruments, 179
217238 obligations, securities or property in accordance with section 3-39m; 180
218-(2) Establish [consistent] terms for [each] the participation agreement 181
219-[, bulk deposit, coupon or installment payments] and the administration 182
239+(2) Establish [consistent] terms for [each] the participation agreement, 181
240+[bulk deposit, coupon or installment payments] and the administration 182
220241 of ABLE accounts, including, but not limited to, (A) the method of 183
221242 payment into an ABLE account by payroll deduction, transfer from bank 184
222243 accounts or otherwise, (B) the termination, withdrawal or transfer of 185
223244 payments under an ABLE account, including transfers to or from a 186
224245 qualified ABLE program established by another state, [pursuant to the 187
225246 federal ABLE Act,] (C) penalties for distributions not used [or made in 188
226247 accordance with the federal ABLE Act] for qualified disability expenses, 189
227248 and (D) the amount of any charges or fees to be assessed in connection 190
228249 with the administration of the trust; 191
229250 (3) Enter into one or more contractual agreements, including, but not 192
230251 limited to, contracts for legal, actuarial, accounting, custodial, advisory, 193
231252 management, administrative, advertising, marketing and consulting 194
232253 services for the trust and pay for such services from the gains and 195
233254 earnings of the trust; 196
234255 (4) Procure insurance in connection with the trust's property, assets, 197
235256 activities or deposits or contributions to the trust; 198
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236263 (5) Apply for, accept and expend gifts, grants or donations from 199
237264 public or private sources to enable the Connecticut Achieving A Better 200
238265 Life Experience Trust to carry out its objectives; 201
239266 (6) Sue and be sued; 202
240267 (7) Establish one or more funds within the trust and maintain 203
241268 separate ABLE accounts for each designated beneficiary; [and] 204
242269 (8) Pay for any fees associated with the administration of individual 205
243270 ABLE accounts; and 206
244271 [(8)] (9) Take any other action necessary to carry out the purposes of 207
245-sections 3-39j to [3-39q] 3-39r, inclusive, as amended by this act, and 208 Substitute Bill No. 1476
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272+sections 3-39j to [3-39q] 3-39r, inclusive, as amended by this act, and 208
250273 incidental to the duties imposed on the State Treasurer pursuant to said 209
251274 sections. 210
252275 Sec. 4. Section 3-39p of the general statutes is repealed and the 211
253276 following is substituted in lieu thereof (Effective from passage): 212
254277 The state pledges to [depositors] authorized individuals, designated 213
255278 beneficiaries and any party who enters into contracts with the trust, 214
256279 pursuant to the provisions of sections 3-39j to [3-39q] 3-39r, inclusive, as 215
257280 amended by this act, that the state will not limit or alter the rights under 216
258281 said sections vested in the trust or contract with the trust until such 217
259282 obligations are fully met and discharged and such contracts are fully 218
260283 performed on the part of the trust, provided nothing in this section shall 219
261284 preclude such limitation or alteration if adequate provision is made by 220
262285 law for the protection of such [depositors] authorized individuals and 221
263286 designated beneficiaries pursuant to the obligations of the trust or 222
264287 parties who entered into such contracts with the trust. The trust, on 223
265288 behalf of the state, may include a description of such pledge and 224
266289 undertaking for the state in participation agreements and such other 225
267290 obligations or contracts. 226
268291 Sec. 5. Section 3-39q of the general statutes is repealed and the 227
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269298 following is substituted in lieu thereof (Effective from passage): 228
270299 The State Treasurer shall take any action necessary to ensure that the 229
271300 trust complies with all applicable requirements of state and federal laws, 230
272301 rules and regulations to the extent necessary for the trust to constitute a 231
273302 qualified ABLE program and be exempt from taxation under [the 232
274303 federal ABLE Act, and any regulations adopted pursuant to the federal 233
275304 ABLE Act by the Secretary of the Treasury of the United States] Section 234
276305 529A. 235
277306 Sec. 6. Section 3-39r of the general statutes is repealed and the 236
278307 following is substituted in lieu thereof (Effective from passage): 237
279308 (a) Notwithstanding any provision of the general statutes, to the 238
280-extent permissible under federal law, moneys invested in an individual 239 Substitute Bill No. 1476
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309+extent permissible under federal law, moneys invested in an individual 239
285310 ABLE account, contributions to an individual ABLE account and 240
286311 distributions for qualified disability expenses pursuant to sections 3-39j 241
287312 to 3-39q, inclusive, as amended by this act, shall be disregarded for 242
288313 purposes of determining an individual's eligibility for assistance under 243
289314 [the (1) temporary family assistance program, as described in section 244
290315 17b-112, (2) programs funded under the federal Low Income Home 245
291316 Energy Assistance Program block grant, (3) the state-administered 246
292317 general assistance program, as described in section 17b-191, (4) the 247
293318 optional state supplementation program, as described in section 17b-248
294319 600, to the extent such invested moneys, contributions and distributions 249
295320 may be disregarded under the federal Supplemental Security Income 250
296321 Program, and (5) any other federally funded assistance or benefit 251
297322 program, including, but not limited to, the state's medical assistance 252
298323 program, whenever such program requires consideration of one or 253
299324 more financial circumstances of an individual for the purpose of 254
300325 determining the individual's eligibility to receive any assistance or 255
301326 benefit or the amount of any assistance or benefit] any means-tested 256
302327 public assistance program administered by the state or any political 257
303328 subdivision of the state. 258
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304335 (b) Notwithstanding any provision of the general statutes, no moneys 259
305336 invested in the ABLE accounts shall be considered to be an asset for 260
306337 purposes of determining an individual's eligibility for need-based, 261
307338 institutional aid grants offered to an individual at the public eligible 262
308339 educational institutions in the state. 263
309340 This act shall take effect as follows and shall amend the following
310341 sections:
311342
312343 Section 1 from passage 3-39j
313344 Sec. 2 from passage 3-39k
314345 Sec. 3 from passage 3-39l
315346 Sec. 4 from passage 3-39p
316347 Sec. 5 from passage 3-39q
317348 Sec. 6 from passage 3-39r
318- Substitute Bill No. 1476
319349
350+Statement of Purpose:
351+To update the ABLE Act for qualified disability expenses in accordance
352+with federal law.
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322-
323-Statement of Legislative Commissioners:
324-In Section 1(1), "3-39q" was changed to "[3-39q] 3-39r" for consistency, in
325-Section 1(2), the definition of "authorized individual" was deleted and
326-replaced with the definition of "authorized individual" in Section 1(4)
327-for clarity and the remaining subdivisions in Section 1 were
328-redesignated accordingly for accuracy, and in Section 1(9), the definition
329-of "Section 529A" was rewritten for consistency with standard drafting
330-conventions.
331-
332-HS Joint Favorable Subst. -LCO
354+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
355+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
356+underlined.]
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